ASADA warns it could re-issue show-cause notices, court told

Jon Pierik and Adam Cooper

Published: August 13 2014 - 4:13PM

Day three: as it happened

AFL wanted ASADA to appear 'the bad guys'

UPDATE: The Australian Sports Anti-Doping Body has warned if its joint investigation with the AFL into the Essendon supplements program is deemed unlawful it could re-acquire the same information within 24 hours and re-issue the show-cause notices that have already been handed to 34 players.

In his final argument before Justice John Middleton on day three of the Federal Court case brought by suspended coach James Hird and the Bombers, ASADA counsel Tom Howe, QC, all but said the anti-doping body was determined to push ahead with its case against the 34 current and former Essendon players regardless of Justice Middleton's verdict.

Asked by Justice Middleton what ASADA intended to do should he rule last year's investigation and interim report illegal, Mr Howe replied: "Your honour, you know that ASADA can re-acquire the same information, do it within 24 hours and re-issue identical show-cause notices," he said.

Howe said ASADA could secure the transcripts from interviews of players and Essendon officials last year from the AFL. He said as the AFL was not a party to the case, this would be possible. Hird and the Bombers argue these interviews were conducted unlawfully, with players and staff not given the right to silence.

Justice Middleton warned Howe there could be another legal challenge should ASADA seek to secure the same information within 24 hours of his verdict.

He is yet to indicate how long it will take to reach a verdict.

Closing arguments continue.

This story was found at: http://www.theage.com.au/afl/afl-news/asada-warns-it-could-reissue-showcause-notices-court-told-20140813-103o0v.html